Warrantless arrest law, Business Law and Ethics

Assignment Help:

The "search incident" exception authorizes a search of the arrestee's person, including examination of personal articles such as wallets, purses, or other items, as well as the area within his immediate control.  Within the home, this will usually mean the ability to thoroughly search the item upon which the suspect is seated, such as a sofa or chair, as well as the ability to look under adjacent furniture.  It is unlikely to permit the opening of drawers or rummaging through cabinets.  Although originally justified for purposes of disarming a suspect or recovering evidence, the search incident is so thoroughly engrained in the law that no justification is necessary.

For purposes of this conference, assume that while riding in the first class section of a plane, a person is legally arrested for transporting illegal drugs by federal authorities.  You (as the Superior Court Judge) are asked to rule on evidence obtained from the following areas.

In your ruling, was it proper for the arresting officers to immediately conduct searches of the following items and places incident to the arrest?

  1. The person's clothing
  2. The person's carry-on bag
  3. The person's suitcase (which is located in the baggage compartment)
  4. The entire first class section of the airplane
  5. The terminal area where the person was sitting prior to boarding

If you elect to permit evidence taken in any of the preceding searches, defend your ruling with interpretations of any pertinent legal statutes or relevant case law decisions


Related Discussions:- Warrantless arrest law

Express and implied terms of contract, Express and Implied terms of contrac...

Express and Implied terms of contract Express terms However the terms of a contract are said to like "express terms" whether the parties themselves adverted to them on

Societies - unincorporated associations, Societies - Unincorporated Associa...

Societies - Unincorporated Associations However these types of associations are registered under the Societies Act 1968.  Section 2(1) of the Act justify a society very broa

Illustration of business law and ethics, Myra, another student, was very ...

Myra, another student, was very unhappy with her grade on the midterm. The following week, she arrived at the class about 20 minutes early and waited for the instructor t

Pre-incorporation contracts, Pre-incorporation Contracts:             ...

Pre-incorporation Contracts:                             A pre-incorporated contract is an agreement which is entered into, usually by a promoter or promoters, on behalf of a

Contracts of guarantee, Contracts of Guarantee There the Law of Contra...

Contracts of Guarantee There the Law of Contract Act, 1961, S.3 (1) provides as follow: Actually "No suit shall be brought whereby to charge the defendant upon any type of

What do you understand by contract administration, QUESTION (a) Define ...

QUESTION (a) Define the term 'contract' and explain the basic elements which constitute a valid and legally enforceable contract under the English Law (b) What do you unders

Doctrine of stare decisis, Doctrine of Stare Decisis However the doctr...

Doctrine of Stare Decisis However the doctrine of "stare Decisis" or "judicial precedent" is a legal rule which utilized a judge to refer to the earlier cases decided through

Choice of name - name clause, Choice of Name - Name Clause: However, i...

Choice of Name - Name Clause: However, it might be relevant to note that the registrar of English companies, pursuant to his powers under the corresponding section of the Engl

Court, why is it important for a lawyer to address the victim

why is it important for a lawyer to address the victim

Legal protection - significant instances, Legal Protection  - significant ...

Legal Protection  - significant instances: There are however a few but significant instances in which the Companies Act and the general law prescribe certain legal limits on t

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd